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Revised competency standards for pharmacists published for comment

The South African Pharmacy Council has published revised competency standards for pharmacists for public comment. As the statutory body responsible for regulating the pharmacy profession in South Africa, the Pharmacy Council first developed a competency framework for pharmacists in 2006. Following a review process, those competency standards are now being revised to bring them in … Continue reading

POPI regulations published for comment

The Information Regulator published draft regulations under the Protection of Personal Information Act 2013 (POPI) for public comment by 7 November 2017. The regulations cover various procedural items, including: the manner of objecting to the processing of personal information; requests for correction or deletion of personal information; the application form for industry codes of conduct; … Continue reading

Redefining legal practice

Technological and business model disruption has spurred Norton Rose Fulbright’s focus in seeking new inventive solutions for clients. We are working with new and emerging technology to drive efficient legal services and to reduce costs. We are already providing cutting edge legal-tech solutions, and this will grow. For example, our ‘POPI Counsel’ is in essence … Continue reading

Major shift in US attitude to insider trading

It is likely that insider trading in the US will in future include the situation where the information is disclosed with the expectation that the recipient would trade on it and the disclosure resembles trading by the insider, resulting in the gift of the profits to the recipient. In United States v Martoma the insider … Continue reading

Access to information: documents required

According to section 7(1) of the Promotion of Access to Information Act, the act does not apply to a record requested for the purpose of civil proceedings which have already commenced. Where a potential claimant requests information from the other party to pursue the claim, the rule of thumb is whether the records requested are reasonably … Continue reading

Twin Peaks signed into law

The Financial Sector Regulation Bill was signed into law by President Zuma on 21 August 2017. The commencement dates for the new Financial Sector Regulation Act (FSR Act) are not yet known. The act provides the architecture for the new ‘twin peaks’ method of regulation to be adopted across the South African financial services industry, … Continue reading

Renewal of a right of pre-emption on extension of a lease

Where the period of a lease agreement is extended, the terms of that agreement will apply during the extended period unless the context or the parties’ intention indicates otherwise. Where parties to a lease simply say that they want to extend the lease period and stipulate nothing else, then the provisions relating not only to … Continue reading

Authentication of documents used abroad

Did you know? All documents executed in South Africa for use outside of South Africa must be authenticated as properly executed in order for them to be relied on in court and by most authorities. The country in which the documents will be used will determine the process to be followed for the authentication of … Continue reading

Licence restrictions as deprivation of property

A licence restriction in legislation is not a deprivation of property for the purposes of section 25 of the Bill of Rights unless the right that has been taken away from licensees constitutes a right or interest worthy of protection and is substantial enough that its removal constitutes deprivation. The SA Diamond Producers Organisation complained that … Continue reading

Law Commission report on medico-legal claims for comment by 30 September 2017

The South African Law Reform Commission has issued a lengthy paper on the investigations into medico-legal claims with proposals for the reform of the law in connection with those claims. The paper discusses the current situation and the legal principles underlying claims for damages for medical negligence, state liability, the basis for payment of compensation … Continue reading

Acknowledging indebtedness in without prejudice discussions interrupts prescription

An acknowledgement of debt made by a debtor to a creditor in the course of without prejudice negotiations will interrupt the running of extinctive prescription unless this consequence is excluded from the discussions. In KLD Residential CC v Empire Earth Investments 17, the Supreme Court of Appeal was asked to strike a balance between the public … Continue reading

King IV and BEE – previously voluntary, now mandatory in the amendments to the JSE Listings Requirements

The Financial Services Board amendments to the JSE Listings Requirements (board notice 52 of 2017) which are now in effect, are primarily focused on two aspects: They include certain of the obligations set out in the King Report on Corporate Governance for South Africa, 2016 (King IV) as mandatory obligations in the Listings Requirements (the … Continue reading

Twin Peaks refresher

The Financial Sector Regulation Bill was passed by Parliament and sent to the President for assent on 22 June 2017. The Bill provides the architecture for the new twin peaks method of regulation to be adopted across the South African financial services industry. While the immediate effect of the passing of the Financial Sector Regulation … Continue reading

Petya or NotPetya – under POPI you must report

Barely recovering from the WannaCry ransomware attack, many across the globe now have to deal with the latest ransomware attack, NotPetya. Originally thought of to be the Petya ransomware for making money, security analysts quickly realised that the current cyber-attack was not designed to make money. It appears that NotPetya has actually just been designed … Continue reading

Election not to repudiate a contract may be changed for persistent default

Where one party repudiates a contract, the innocent party who elects to enforce performance can change that election and cancel the contract if the defaulting party persists in the breach by continuing to show an unequivocal intention not to remedy the breach or perform the contract. The plaintiff construction company in Primat Construction v Nelson … Continue reading

A penny for your sweet tooth

Before purchasing a sugar sweetened beverage (SSB), spare one thought for the health consequences and another for your wallet. Late 2017 is likely to see the introduction of a new tax in South Africa in the form of a health promotion levy (or sugar tax). Empirical evidence suggests that the quality of human health has … Continue reading

Doctor/Patient confidentiality and failure to disclose genetic risk of Huntington’s Disease (UK)

A pregnant woman in the UK has sued a hospital and mental facility for failing to inform her that she had, through her father, a high risk of suffering from Huntington’s disease. Huntington’s Disease is a hereditary condition causing damage to the brain cells, giving rise to disruption of movement, cognition and personality change and … Continue reading
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